Terms and Conditions
of the business company HEIPE s.r.o.
with its registered office at Kurzova 2246/4, Stodůlky, 155 00 Prague, Czech republic
identification number: 24269875
registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 199406
for the sale of goods through an on-line shop located at the internet address www.minibike-shop.com
1. Introductory provisions
1.1. These terms and conditions (hereinafter the “terms and conditions”) of the business company HEIPE s.r.o., with its registered office at Kurzova 2246/4, Stodůlky, 155 00 Prague, identification number: 24269875, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 199406 (hereinafter the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “purchase contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller's on-line shop. The on-line shop is operated by the Seller on a website located at the internet address www.minibike-shop.com (hereinafter the “website”), through the interface of that website (hereinafter the “web interface of the shop”).
1.2. The terms and conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting, when ordering the goods, within the scope of their business activity or within the scope of their independent exercise of a profession.
1.3. Provisions departing from the terms and conditions may be agreed in the purchase contract. Departing arrangements in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous wording of the terms and conditions.
2. User account
2.1. On the basis of the Buyer's registration made on the website, the Buyer may access their user interface. From their user interface the Buyer may place orders for goods (hereinafter the “user account”). Where the web interface of the shop so permits, the Buyer may also order goods without registration, directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data stated in the user account whenever they change. The data stated by the Buyer in the user account and when ordering goods are considered correct by the Seller.
2.3. Access to the user account is secured by a user name and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, in particular where the Buyer breaches their obligations under the purchase contract (including the terms and conditions).
2.6. The Buyer acknowledges that the user account need not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third parties' hardware and software equipment.
3. Conclusion of the purchase contract
3.1. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning goods where such goods cannot, by their nature, be returned by ordinary postal route. The prices of the goods are stated inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. The prices of the goods are not adjusted to the individual Buyer on the basis of automated decision-making. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms.
3.2. The web interface of the shop also contains information about the costs associated with packaging and delivery of the goods and about the method and time of delivery. The information about the costs associated with packaging and delivery of the goods stated in the web interface of the shop applies only where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the Buyer completes the order form in the web interface of the shop. The order form contains in particular information about:
3.3.1. the goods ordered (the Buyer “places” the ordered goods in the electronic shopping cart of the web interface of the shop),
3.3.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
3.3.3. information about the costs associated with the delivery of the goods (hereinafter jointly the “order”).
3.4. Before sending the order to the Seller, the Buyer is allowed to check and change the input data entered into the order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking the “BUY FOR” button, which includes the total price of the order. The data stated in the order are considered correct by the Seller. Immediately upon receipt of the order, the Seller confirms that receipt to the Buyer by e-mail, to the Buyer's e-mail address stated in the user account or in the order (hereinafter the “Buyer's e-mail address”).
3.5. The contractual relationship between the Seller and the Buyer arises upon delivery of the order to the Seller, save in cases where stock has been exhausted or the Seller has lost the ability to perform.
3.6. The Buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer, and these costs do not differ from the basic rate.
4. Price of the goods and payment terms
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the Seller in the following ways:
4.1.1. in cash at the Seller's establishment at U Tkalcovny 771, 387 01 Volyně, Czech republic;
4.1.2. in cash on delivery at the place specified by the Buyer in the order;
4.1.3. by bank transfer to the Seller's account No. 2501357779/2010, held with Fio banka, a.s. (hereinafter the “Seller's account”);
4.1.4. by payment card via the ThePay payment gateway;
4.1.5. in cash or cashlessly via a QR code upon personal collection at the Seller's establishment.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is further understood to include the costs associated with the delivery of the goods.
4.3. The Seller does not require any deposit or other similar payment from the Buyer. This is without prejudice to Article 4.6 of the terms and conditions concerning the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of conclusion of the purchase contract.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.6. The Seller is entitled to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119(1) of the Civil Code does not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with one another.
4.8. Where customary in business dealings or where so provided by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – an invoice – in respect of payments made under the purchase contract. The Seller is a value added tax payer. The Seller shall issue the tax document – invoice – to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer's e-mail address.
4.9. The conditions for the use of gift vouchers and of the loyalty programme are governed by separate terms available on the Seller's website.
5. Withdrawal from the purchase contract
5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of:
5.1.1. goods manufactured according to the Buyer's requirements or adapted to their personal needs,
5.1.2. goods subject to rapid deterioration or goods with a short shelf life, as well as goods which, after delivery, have by their nature been irreversibly mixed with other goods,
5.1.3. goods in sealed packaging which, for reasons of health protection or hygiene, are not suitable for return after the Buyer has broken the seal, and
5.1.4. an audio or video recording or a computer program in sealed packaging, if the Buyer has broken the seal.
5.2. Unless the case falls under Article 5.1 of the terms and conditions or under another case in which withdrawal from the purchase contract is not possible, the Buyer has the right, in accordance with Section 1829(1) and (2) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of the day on which the Buyer or a third party designated by them, other than the carrier, takes delivery of the goods, or of:
5.2.1. the last item of goods, where the Buyer orders several items of goods within a single order which are delivered separately,
5.2.2. the last item or part of a delivery of goods consisting of several items or parts, or
5.2.3. the first delivery of goods, where the contract provides for regular delivery of goods over an agreed period.
5.3. The withdrawal from the purchase contract must be sent to the Seller within the period stated in Article 5.2 of the terms and conditions. To withdraw from the purchase contract, the Buyer may use the model withdrawal form available on the Seller's website. The Buyer may send the withdrawal from the purchase contract, among other options, to the address of the Seller's establishment at U Tkalcovny 771, 387 01 Volyně, or to the Seller's e-mail address info@minibike-shop.com. Goods returned in connection with withdrawal from the purchase contract are to be sent or handed over to the address of the Seller's establishment at U Tkalcovny 771, 387 01 Volyně. Goods are not to be sent to the address of the Seller's registered office in Prague, as no receipt of consignments is provided at that address.
5.4. In the event of withdrawal from the purchase contract, the purchase contract is cancelled from the outset. The Buyer shall send or hand the goods back to the Seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the Seller has offered to collect the goods itself. The period under the preceding sentence is observed if the Buyer dispatches the goods before it expires. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with returning the goods to the Seller, including where the goods cannot, by their nature, be returned by ordinary postal route.
5.5. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, by the same means by which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon the Buyer's return of the goods, or in another manner, provided the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Seller receives the goods or before the Buyer proves that the goods have been sent back, whichever occurs first.
5.6. The Seller is entitled to unilaterally set off its claim for compensation for damage caused to the goods against the Buyer's claim for refund of the purchase price.
5.7. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, up until the Buyer takes delivery of the goods. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, cashlessly to an account designated by the Buyer.
5.8. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded subject to the condition subsequent that, should the Buyer withdraw from the purchase contract, the gift contract in respect of such gift ceases to be effective and the Buyer is obliged to return the gift provided together with the goods.
6. Carriage and delivery of the goods
6.1. Where the method of carriage is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with that method of carriage.
6.2. Where, under the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3. Where, for reasons on the Buyer's side, the goods must be delivered repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
6.4. Upon taking delivery of the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged in a manner indicating unauthorised entry into the consignment, the Buyer need not accept the consignment from the carrier. This is without prejudice to the Buyer's rights arising from liability for defects in the goods and other rights of the Buyer arising from generally binding legal regulations.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by the Seller's special delivery terms, if issued by the Seller. Certain products, in particular motorcycles and quad bikes, may, for reasons of transport, be delivered in their original packaging in a partially disassembled state and require assembly to be completed. Personal collection at the Seller's establishment at U Tkalcovny 771, 387 01 Volyně, Czech republic is possible on the basis of an order created in advance via the website and after the Seller confirms that the order is ready for collection.
7. Rights arising from defective performance
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the applicable generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. Where the subject of the purchase is a tangible movable item connected to digital content or a digital content service in such a way that it could not perform its functions without them (hereinafter an “item with digital features”), the provisions on the Seller's liability for defects also apply to the provision of the digital content or the digital content service, even if provided by a third party. This does not apply where it is evident from the content of the purchase contract and from the nature of the item that they are provided separately.
7.3. The Seller is liable to the Buyer for the item being free from defects upon receipt. In particular, the Seller is liable to the Buyer that the item:
7.3.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
7.3.2. is fit for the purpose for which the Buyer requires it and with which the Seller agreed, and
7.3.3. is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
7.4. The Seller is liable to the Buyer that, in addition to the agreed characteristics:
7.4.1. the item is fit for the purpose for which an item of that kind is usually used, having regard also to the rights of third parties, legal regulations, technical standards or codes of conduct of the sector concerned where there are no technical standards,
7.4.2. the item corresponds, in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind which the Buyer may reasonably expect, having regard also to public statements made by the Seller or another person in the same contractual chain, in particular by advertising or labelling, unless the Seller proves that it was not aware of the statement, or that it was corrected by the time the purchase contract was concluded at least in a comparable manner to that in which it was made, or that it could not have influenced the decision to purchase,
7.4.3. the item is supplied with accessories, including packaging, assembly instructions and other instructions for use which the Buyer may reasonably expect, and
7.4.4. the item corresponds in quality or workmanship to the sample or specimen provided by the Seller to the Buyer before the purchase contract was concluded.
7.5. The Seller is not bound by a public statement under Article 7.4.2 of the terms and conditions if it proves that it was not aware of the statement, or that it was corrected by the time the contract was concluded at least in a comparable manner to that in which it was made, or that it could not have influenced the decision to purchase. Article 7.4 of the terms and conditions does not apply where the Seller specifically informed the Buyer, before the purchase contract was concluded, that a particular characteristic of the item differs, and the Buyer expressly agreed to this upon concluding the purchase contract.
7.6. The Seller is also liable to the Buyer for a defect caused by incorrect assembly or installation carried out, under the purchase contract, by the Seller or under its responsibility. This also applies where the assembly or installation was carried out by the Buyer and the defect arose as a result of a shortcoming in the instructions provided by the Seller or by the provider of the digital content or digital content service, in the case of an item with digital features.
7.7. If a defect becomes apparent within one year of receipt, the item is deemed to have been defective already upon receipt, unless the nature of the item or of the defect precludes this. This period does not run for the time during which the Buyer is unable to use the item, where the defect was notified with good cause.
7.8. Where the subject of the purchase is an item with digital features, the Seller shall ensure that the agreed updates of the digital content or digital content service are provided to the Buyer. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with updates necessary for the item to retain, after receipt, the characteristics under Articles 7.3 and 7.4 of the terms and conditions, and that the Buyer is notified of their availability
7.8.1. for a period of two years, where under the purchase contract the digital content or digital content service is to be provided continuously over a period of time, and where provision for a period longer than two years is agreed, for that entire period,
7.8.2. for the period the Buyer may reasonably expect, where under the purchase contract the digital content or digital content service is to be provided as a single supply; this shall be assessed according to the type and purpose of the item, the nature of the digital content or digital content service, and having regard to the circumstances at the conclusion of the purchase contract and the nature of the obligation.
7.9. Article 7.8 of the terms and conditions does not apply where the Seller specifically informed the Buyer, before the purchase contract was concluded, that updates would not be provided, and the Buyer expressly agreed to this upon concluding the purchase contract.
7.10. Where the Buyer has failed to carry out an update within a reasonable period, the Buyer has no rights arising from a defect which arose solely as a result of the update not being carried out. This does not apply where the Buyer was not notified of the update or of the consequences of failing to carry it out, or failed to carry out the update, or carried it out incorrectly, as a result of a shortcoming in the instructions. Where, under the purchase contract, the digital content or digital content service is to be provided continuously over a period of time and a defect becomes apparent or occurs within the period under Articles 7.8.1 and 7.8.2 of the terms and conditions, the digital content or digital content service is deemed to be provided defectively.
7.11. The Buyer may notify a defect which becomes apparent on the item within two years of receipt. Where the subject of the purchase is an item with digital features and, under the purchase contract, the digital content or digital content service is to be provided continuously over a period of time, the Buyer may notify a defect which occurs or becomes apparent in them within two years of receipt. Where performance is to be provided for a period longer than two years, the Buyer has rights arising from a defect which occurs or becomes apparent within that period. A court shall grant the right arising from a defect even where the defect was not notified without undue delay after the Buyer could have discovered it with sufficient care. Where the Buyer has notified the Seller of a defect with good cause, the period for notifying a defect in the item does not run for the time during which the Buyer is unable to use the item.
7.12. The Buyer is not entitled to rights arising from defective performance if the Buyer caused the defect. Wear and tear of the item caused by its usual use, or, in the case of a used item, wear and tear corresponding to the extent of its previous use, does not constitute a defect of the item. Ordinary wear of components arising from their usual use is not regarded as a defect, in particular tyres, brake pads, chains, sprockets, clutch plates and other components subject to wear. In the case of batteries, use and ageing cause a natural gradual decline in capacity; such a decline does not in itself constitute a defect where it corresponds to usual wear having regard to the age, manner and intensity of use of the battery. This is without prejudice to the Buyer's statutory rights in the event of an actual defect. Information on the type approval of a particular motorcycle, quad bike or other vehicle and on its designation for operation on roads is stated with the particular product. Motorcycles, pit bikes, mini cross bikes, quad bikes and similar vehicles without type approval are not intended for operation on public roads.
7.13. Where the item has a defect, the Buyer may require it to be remedied. At the Buyer's choice, the Buyer may require the delivery of a new item free from defects or the repair of the item, unless the chosen method of remedying the defect is impossible or disproportionately costly compared with the other; this shall be assessed in particular having regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be remedied by the other method without significant difficulty for the Buyer. The Seller may refuse to remedy the defect if doing so is impossible or disproportionately costly, in particular having regard to the significance of the defect and the value the item would have without the defect.
7.14. The Seller shall remedy the defect within a reasonable period after it has been notified, so as not to cause the Buyer significant difficulty, taking into account the nature of the item and the purpose for which the Buyer purchased it. In order to remedy the defect, the Seller shall take over the item at its own expense. Where this requires the disassembly of an item whose assembly was carried out in accordance with the nature and purpose of the item before the defect became apparent, the Seller shall carry out the disassembly of the defective item and the assembly of the repaired or new item, or shall reimburse the costs associated therewith.
7.15. The Buyer may require a reasonable discount (a reasonable discount is determined as the difference between the value of the item without the defect and the defective item received by the Buyer) or withdraw from the purchase contract where:
7.15.1. the Seller has refused to remedy the defect or has failed to remedy it in accordance with Article 7.14 of the terms and conditions,
7.15.2. the defect becomes apparent repeatedly,
7.15.3. the defect constitutes a material breach of the purchase contract, or
7.15.4. it is evident from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable period or without significant difficulty for the Buyer.
7.16. Where the defect of the item is insignificant, the Buyer may not withdraw from the purchase contract (within the meaning of Article 7.15 of the terms and conditions); a defect of the item is presumed not to be insignificant. If the Buyer withdraws from the purchase contract, the Seller shall refund the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that the item has been sent.
7.17. A defect may be notified to the Seller from whom the item was purchased. However, where another person is designated to carry out the repair who is located at the Seller's place of business or at a place closer to the Buyer, the Buyer shall notify the defect to the person designated to carry out the repair. Until the Seller fulfils its obligations arising from defective performance, the Buyer need not pay the outstanding purchase price or part thereof.
7.18. Save in cases where another person is designated to carry out the repair, the Seller is obliged to accept a complaint at any establishment where accepting the complaint is possible with regard to the range of products sold or services provided, or, where applicable, at its registered office. Upon the lodging of a complaint, the Seller is obliged to issue the Buyer with a written confirmation stating the date on which the Buyer lodged the complaint, its content, the method of settlement of the complaint required by the Buyer, and the Buyer's contact details for the purpose of providing information on the settlement of the complaint. This obligation also applies to other persons designated to carry out the repair.
7.19. The complaint, including the remedying of the defect, must be settled and the Buyer must be informed thereof no later than thirty (30) days from the date on which the complaint was lodged, unless the Seller and the Buyer agree on a longer period. Where the subject of the obligation is the provision of digital content, including digital content supplied on a tangible medium, or a digital content service, the complaint must be settled within a reasonable period having regard to the nature of the digital content or digital content service and to the purpose for which the Buyer required it.
7.20. Upon the futile expiry of the period under Article 7.19 of the terms and conditions, the Buyer may withdraw from the purchase contract or require a reasonable discount.
7.21. The Seller is obliged to issue the Buyer with a confirmation of the date and manner of settlement of the complaint, including confirmation of the repair carried out and its duration, or, where applicable, a written statement of reasons for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.
7.22. The Buyer may specifically exercise their rights arising from liability for defects in the goods in particular in person at U Tkalcovny 771, 387 01 Volyně, by telephone on +420 606 561 426, or by e-mail at info@minibike-shop.com. Goods subject to a complaint are to be sent or handed over to the address of the Seller's establishment at U Tkalcovny 771, 387 01 Volyně. Goods subject to a complaint are not to be sent to the address of the Seller's registered office in Prague, as no receipt of consignments is provided at that address.
7.23. A person entitled to rights arising from defective performance is also entitled to reimbursement of the costs reasonably incurred in exercising that right. However, if the Buyer does not exercise the right to reimbursement within one month of the expiry of the period within which the defect must be notified, the court shall not grant the right if the Seller objects that the right to reimbursement was not exercised in time. The right arising from defective performance does not exclude the right to compensation for damage; however, what can be achieved by exercising the right arising from defective performance cannot be claimed on another legal ground.
7.24. Other rights and obligations of the parties relating to the Seller's liability for defects may be governed by the Seller's complaints procedure.
7.25. The Seller or another person may also provide the Buyer with a guarantee of quality, over and above the Buyer's statutory rights arising from defective performance.
8. Other rights and obligations of the parties
8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.
8.3. The Seller handles consumer complaints by e-mail. Complaints may be sent to the Seller's e-mail address. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's e-mail address. No other rules for handling complaints are laid down by the Seller.
8.4. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, Nové Město, 120 00 Prague 2, company ID: 000 20 869, internet address: https://coi.gov.cz/mimosoudni-reseni-spotrebitelskych-sporu-adr, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6. The Buyer may lodge a complaint with a supervisory or state supervision authority. The Seller is authorised to sell goods on the basis of a trade licence. Trade licence inspections are carried out, within the scope of their competence, by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to a defined extent, supervision over compliance with, among other things, the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Protection of personal data
9.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR Regulation”), relating to the processing of the Buyer's personal data for the purposes of performance of the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the Seller's public law obligations, by means of a separate document.
10. Sending commercial communications and storing cookies
10.1. The Buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain acts (the Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's e-mail address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Buyer's personal data for the purposes of sending commercial communications by means of a separate document.
10.2. The Seller fulfils its statutory obligations relating to any storage of cookies on the Buyer's device by means of a separate document.
11. Service of communications
11.1. Communications may be served on the Buyer at the Buyer's e-mail address.
12. Final provisions
12.1. Where the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive the Buyer who is a consumer of the protection afforded to them by provisions of the legal order from which it is not possible to derogate by agreement and which would, in the absence of a choice of law, otherwise apply under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the remaining provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The model form for withdrawal from the purchase contract is available to the Buyer on the Seller's website.
12.5. Seller's contact details: address of registered office Kurzova 2246/4, Stodůlky, 155 00 Prague, address of establishment U Tkalcovny 771, 387 01 Volyně, Czech republic e-mail address info@minibike-shop.com, telephone +420 606 561 426. The Seller does not provide any other means of on-line communication.
These terms and conditions are effective from 1 October 2026.